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748 KB
Extraction Summary
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Document Information
Type:
Legal document
File Size:
748 KB
Summary
This legal document argues that the 2003 amendment to the federal statute of limitations for child sexual abuse (18 U.S.C. § 3283) was expressly intended by Congress to apply retroactively to pre-enactment conduct. The document supports this claim by analyzing the text of the statute and citing legal precedent from the Second, Eighth, and Ninth Circuits, which have held that Congress intended to extend the time to bring charges for live claims.
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Congress | government agency |
Mentioned throughout as the legislative body that amended the statute of limitations.
|
| Second Circuit | government agency |
Mentioned as a judicial body that has considered Congress's intent in the Landgraf inquiry.
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| Eighth Circuit | government agency |
Mentioned as a judicial body that has held that Congress intended to extend the statute of limitations for live claim...
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| Ninth Circuit | government agency |
Mentioned as a judicial body that has held that Congress intended to extend the statute of limitations for live claim...
|
Timeline (4 events)
Key Quotes (4)
"expressly prescribed the statute’s proper reach."Source
— Landgraf, 511 U.S. at 280
(Quoted as the standard for step one of the Landgraf analysis for retroactive application of a statute.)
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Quote #1
"[n]o statute of limitations that would otherwise preclude prosecution” of a child sexual offense “shall preclude” prosecution of such offense during the life of the victim."Source
— 18 U.S.C. § 3283 (2003)
(Quoted from the 2003 amendment to demonstrate Congress's intent to extend the statute of limitations.)
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Quote #2
"otherwise preclude prosecution."Source
— Legal term from statute
(Used to explain how the previous statute of limitations would have operated before being replaced by the 2003 amendment.)
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Quote #3
"both the title and wording of § 3509(k) indicate that Congress intended by it to extend the general statute of limitations. . . . § 3509(k) was later recodified at § 3283 and continued to extend the statute of limitations in child abuse cases."Source
— Eighth Circuit in United States v. Jeffries
(Quoted as the reasoning of the Eighth Circuit for why Congress intended to extend the statute of limitations.)
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Quote #4
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